The International Law of Migrant Smuggling

Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand that is increasingly being met by migrant smugglers. This companion volume to the award-winning The International Law of Human Trafficking presents the first-ever comprehensive, in-depth analysis into the subject. The authors call on their experience of working with the UN to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors explain the major legal obligations of States with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return.

1. The legal framework: transnational crime, law of the sea, and migration control; 2. The legal framework: human rights and refugee law; 3. Acting against migrant smuggling: capacities and limitations; 4. State responsibility and migrant smuggling; 5. Criminalization of migrant smuggling; 6. Migrant smuggling by sea: interdiction and rescue; 7. Prevention and international cooperation to combat migrant smuggling; 8. Obligations of protection, assistance, and response; 9. Obligations relating to detention of smuggled migrants; 10. Return of smuggled migrants.